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I thought if you knew your actions were likely to kill somebody it was murder. In the way that shooting someone was likely to cause their death, even if you only meant to shoot their eye out. Gawd that’s a high bar to jump.
In the case of the carjacking you can see why a death by careless driving would be the way to go, as they both carry the same upper sentence. And he’s pleading guilty.
Chaley
No. You have to prove intent to kill.
Intent to injure is not murder.
Also the intent to kill must be formed with a clear mind, not in the heat of a confrontation.
Intent to kill is extremely hard to prove, so prosecutors rarely use it unless they have definitive evidence that will convince a judge or jury.